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Volume 664, Page 126   View pdf image (33K)
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CONSTITUTIONAL CONVENTION OF MARYLAND

PROPOSED CONSTITUTION OF 1968

CONSTITUTION OF 1867


payment of any further sum that sub-


sequently may be awarded by a jury. This


section 40A shall not apply in Montgomery


County or any of the various municipal

corporations within Cecil County, if the

property actually to be taken includes a

building or buildings.

Art. III, sec. 40B. The General As-

sembly shall enact no law authorizing

private property to be taken for public use


without just compensation, to be agreed


upon between the parties or awarded by a


jury, being first paid or tendered to the


party entitled to such compensation, except


that where such property in the judgment


of the State Roads Commission is needed by


the State for highway purposes, the General


Assembly may provide that such prcperty


may be taken immediately upon payment


therefor to the owner or owners thereof


by said State Roads Commission, or into


Court, such amount as said State Roads


Commission shall estimate to be of the fair


value of said property, provided such legis-


lation also requires the payment of any


further sum that may subsequently be


awarded by a jury.


Art. III, sec. 40C. The General As-


sembly shall enact no law authorizing


private property to be taken for public use


without just compensation, to be agreed


upon between the parties or awarded by a


jury, being first paid or tendered to the


party entitled to such compensation, except


that where such property, located in Prince


George's County in this State, is in the


judgment of the Washington Suburban


Sanitary Commission needed for water


supply, sewerage and drainage systems to


be extended or constructed by the said


Commission, the General Assembly may


provide that such property, except any


building or buildings may be taken im-


mediately upon payment therefor by the


condemning authority to the owner or


owners thereof or into the Court to the use


of the person or persons entitled thereto,


such amount as the condemning authority


shall estimate to be the fair value of said


property, provided such legislation requires


that the condemning authority's estimate


be not less than the appraised value of


the property being taken as evaluated by at


least one qualified appraiser, whose qualifi-


cations have been accepted by a Court of


Record of this State, and also requires the


payment of any further sum that may


subsequently be awarded by a jury, and

126


 

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